RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04351 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect that her diagnosis of asthma be removed, she be found fit for duty, removed from all restrictions, returned to duty, and allowed to reenter the military in the Nurse Corps as a Second Lieutenant. ________________________________________________________________ APPLICANT CONTENDS THAT: She was misdiagnosed with asthma and her restrictions should be removed so that she may enter into the Nurse Corps. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records indicate she enlisted in the Regular Air Force on 19 Jul 95. On 29 Oct 12, the applicant was permanently retired for physical disability in the grade of technical sergeant (E-6) with a combined compensable disability rating of 30 percent. She was credited with 17 years, 3 months, and 10 days of total active service. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFD recommends denial, indicating that no error or injustice occurred during the disability process. On 24 Apr 12, an Informal Physical Evaluation Board (IPEB) found the applicant unfit for duty caused by asthma. The Board recommended permanent retirement with a disability rating of 30 percent in accordance with the Veterans Administration Schedule for Rating Disabilities (VASRD) guidelines. On 9 May 12, the applicant non-concurred with the findings and recommendations of the IPEB and requested a formal hearing with counsel. On 15 Jun 12, the Formal Physical Evaluation Board (FPEB) reviewed her case for asthma and also found her to be unfit for duty. The FPEB upheld the IPEB findings and recommended permanent retirement with a 30 percent disability rating. On 18 Jun 12, the applicant appealed her case for review by the Secretary of the Air Force Personnel Council (SAFPC). On 7 Sep 12, SAFPC directed the applicant be permanently retired with a disability rating of 30 percent. The applicant’s submission includes no new medical evidence that has not already been seen by the previous boards. In accordance with AFI 48-123, paragraph 5.3.6.5, asthma, recurrent bronchial spasm, or reactive airway disease are all boardable conditions. Based on the review of the medical board, asthma is the most appropriate diagnosis under code 6602. A complete copy of the AFPC/DPFD evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant disagrees with the board’s assessment of her diagnosis of asthma. The University of Colorado originally diagnosed her with asthma in March 2009 primarily by a false family history of illness. She provided health history signed by the provider indicating no acknowledgement of such family history of asthma or any lifelong dyspnea, which was stated in her narrative summary at each board. Her military career was terminated due to the negligence of providers to include a lack of proper work up and data entry errors and the overuse of steroids, which interfered with her immune system. Her permanent retirement was done wrong and she would like to return to duty without restrictions. A complete copy of the Applicant’s response is at Exhibit E. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took notice of the applicant’s complete submission, including her arguments in response to the advisory opinions rendered in this case, in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant’s contentions are duly noted, we do not find the evidence presented is sufficient for us to substitute our judgment for that of the Informal Physical Evaluation Board (IPEB), Formal Physical Evaluation Board (FPEB), and Secretary of the Air Force Personnel Council (SAFPC). Therefore, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-04351 in Executive Session on 14 May 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Sep 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPFD, dated 17 Jan 13. Exhibit D. Letter, SAF/MRBR, dated 17 Feb 13. Exhibit E. Letter, Applicant, dated 11 Mar 13.